Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Annual survey
We would appreciate it if you could complete our website
survey
, open until 28 November 2025.
1 Announcement
Home
Acts
Repealed
Text
Details
Authorises
Downloads
All versions
Interactions
Occupational Health and Safety Act 1991
Citation change
No longer in force
Click for more info
Administered by
Education, Employment and Workplace Relations
Latest version
View as made version
Order print copy
Save this title to My Account
Set up an alert
C2011C00320
22 April 2011
-
31 December 2011
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Objects
4 Act excludes some State and Territory laws
5 Interpretation
6 Act not to prejudice national security
7 Act not to prejudice Australia’s defence
8 Act not to prejudice certain police operations
9 Meaning of employee etc.
9A Meaning of contractor etc.
10 Commonwealth to act through employing authority
11 Extent to which Act binds the Crown
12 Functions conferred on Commission
12A Functions conferred on Comcare
13 Application of Act to external Territories etc.
14 Application of Act to workplaces controlled by contractors
15 Application of Act to employees working in non-Commonwealth premises
15A Application of Criminal Code
Collapse
Part 2—Occupational health and safety
Collapse
Division 1—General duties relating to occupational health and safety
16 Duties of employers in relation to their employees etc.
16A Development of health and safety management arrangements
16B Certificate evidencing employee representative’s entitlement to be involved in consultations
17 Duty of employers in relation to third parties
18 Duties of manufacturers in relation to plant and substances
19 Duties of suppliers in relation to plant and substances
20 Duties of person erecting or installing plant in a workplace
21 Duties of employees in relation to occupational health and safety
22 Reliance on information supplied or results of research
Collapse
Division 2—Specific duties relating to occupational health and safety
23 Regulations relating to occupational health and safety
23A Unlicensed operation of major hazard facility
Collapse
Part 3—Workplace arrangements
Collapse
Division 1—Health and safety representatives
24 Designated work groups
24A Consultations on designated work groups are health and safety management arrangement consultations
24B List of designated work groups
25 Selection of health and safety representatives
25A Election of health and safety representatives
25B List of health and safety representatives
25C Employees must be notified of selection etc. of health and safety representative
26 Term of office
26A Casual vacancy
27 Training of health and safety representatives
28 Powers of health and safety representatives
29 Provisional improvement notices
30 Duties of employers in relation to health and safety representatives
31 Resignation etc. of health and safety representative
32 Disqualification of health and safety representatives
33 Deputy health and safety representatives
Collapse
Division 2—Health and safety committees
34 Health and safety committees
35 Functions of health and safety committees
36 Duties of employers in relation to health and safety committees
Collapse
Division 3—Emergency procedures
37 Action by health and safety representatives
38 Directions to perform other work
Collapse
Part 4—Advice, investigations and inquiries
Collapse
Division 1—Advice
38A Comcare may advise employers etc.
39 Referral of persons seeking advice to experts
Collapse
Division 2—Investigations
40 Appointment of investigators
41 Investigations
42 Power of entry
43 Power to require assistance and information
44 Power to take possession of plant, take samples of substances etc.
45 Power to direct in writing that workplace etc. not be disturbed
45A Power to direct orally that workplace etc. not be disturbed
46 Power to issue prohibition notices
47 Power to issue improvement notices
48 Appeals
49 Liability of investigators
50 Notices not to be tampered with or removed
51 Arrangements with States for services of State officers
Collapse
Division 3—Inquiries and reports
52 Application
53 Report of investigation
54 Power to obtain information and documents
55 Commission may conduct public inquiry
56 Power to summon witnesses
57 Failure of witness to attend
58 Power to administer oath or affirmation
59 Failure to be sworn or to answer questions
60 Protection of members and witnesses
61 Contempt of Commission
62 Powers of Commission in relation to documents produced
63 Allowances to witnesses
64 Witness not to be prejudiced in employment
65 Report to be given to Minister in certain circumstances
66 Report to be given to Minister of failures to comply with directions etc.
67 Delegation by Commission
Collapse
Part 4A—Recovery of cost of administering Act
Collapse
Division 1—Charges for services
67A Power of Commission to enter into arrangements
Collapse
Division 2—Contributions
67B Estimates of contributions
67C Amount of contribution
67D Information to be given to Commission
67E Review by Commission
67F Review by Minister
67G Confirmation of estimates
67H Payment of contribution
67J Penalty for late payment
67K Recovery of contribution and penalty
Collapse
Part 5—Miscellaneous
68 Notification of accidents and dangerous occurrences
69 Records of accidents and dangerous occurrences to be kept
70 Codes of practice
71 Use of codes of practice in proceedings
72 Interference etc. with equipment etc.
73 Employer not to levy employees etc.
74 Certain matters to be included in annual reports
75 Annual report of Commission
75A Annual report of Comcare
76 Employer not to dismiss etc. employees on certain grounds
77 Institution of proceedings
78 Conduct of directors, servants and agents
79 Act not to give rise to other liabilities etc.
80 Effect of breach of Act etc. on contracts of employment etc.
81 Circumstances preventing compliance with Act may be defence to prosecution
82 Regulations
Schedule 1—Government business enterprises
Schedule 2—Civil and criminal proceedings
Collapse
Part 1—Civil proceedings
1 Courts that may exercise jurisdiction under this Part
2 Declarations of contravention
3 Declaration of contravention is conclusive evidence
4 Pecuniary penalty orders
5 Who may apply for a declaration or order?
6 Time limit for application for a declaration or order
7 Conduct constituting a breach of 2 or more provisions listed in subclause 2(1)
8 Civil evidence and procedure rules for declarations of contravention etc.
9 Civil proceedings after criminal proceedings
10 Criminal proceedings during civil proceedings
11 Criminal proceedings after civil proceedings
12 Evidence given in proceedings for penalty not admissible in criminal proceedings
13 Relief from liability for contravention of subclause 2(1)
14 Injunctions
15 Remedial orders
16 Undertakings
Collapse
Part 2—Criminal prosecutions
17 Criminal jurisdiction not conferred on Federal Court
18 Offences resulting in death or serious bodily harm
19 Offences exposing employees to a substantial risk of death or serious bodily harm
20 Other offences
Collapse
21 Maximum penalties
Notes to the STYLEREF ShortT \* MERGEFORMAT Occupational Health and Safety Act 1991